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Tennessee Workers' Comp: What the Legislature Changed - on CD

Tennessee Workers' Comp: What the Legislature Changed - on CD

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Tennessee Workers' Comp: What the Legislature Changed

Presented by attorney Jason Ensley, an employment law and workers' compensation expert.

A legislative bill will soon go into effect that will make these three significant changes:

  • Definition of injury
  • Future medical benefits
  • Communication with treating physicians

Another bill makes it easier for an employer with a drug-free workplace to prove the intoxication or drug use defense to a workers’ comp claim. These and other changes make it absolutely necessary for you to stay up-to-date on the latest workers' comp legislation.

This webinar has been approved for 1 hour of General CLE credit. CLE credit earned only by the individual registrant/listener.

Tennessee attorneys may now earn up to 8 hours of CLE per year in distance learning activities such as audio conferences and webinars.

 

 

One more reason to attend: Your webinar leader

Jason Ensley, a sole practitioner in Johnson City, practices in the areas of employment law, workers’ compensation, premises liability, and general civil litigation.

Mr. Ensley began his legal career practicing employment law and workers’ compensation defense at Wimberly Lawson in Morristown. In 2002 he joined the Labor and Employment Group at Baker Donelson Bearman Caldwell and Berkowitz, PC, in Johnson City, where he practiced for seven years. During his tenure at Baker Donelson, Ensley served on Baker Donelson’s Associate Advisory Board, assisted with recruiting, and received Baker Donelson’s Ace Award.

In 1999, Mr. Ensley graduated from the University of Tennessee College of Law, where he participated in mediation clinic and mediated disputes for Knox County General Sessions Court. He is now listed as a Supreme Court Rule 31 mediator and regularly practices in state and federal courts and before various administrative agencies, including the DOL, EEOC and THRC.

Admitted to practice law in both Tennessee and Georgia, Mr. Ensley has been a contributing author to published works relating to human resources management, and he conducts supervisor training for employers in the areas of harassment and discrimination prevention as well as the Tennessee Drug Free Workplace Act. He serves on the Advisory Board for the Tennessee Worker’s Comp Reporter and is a regular speaker at area and state employment law and workers’ compensation seminars.

Tennessee Workers' Comp: What the Legislature Changed - on CD

Presented by attorney Jason Ensley, an employment law and workers' compensation expert.

A legislative bill will soon go into effect that will make these three significant changes:

  • Definition of injury: An injury is “accidental” only if the injury is caused by a specific incident, or set of incidents, arising out of and in the course of employment, and is identifiable by time and place of occurrence. An “injury” does not include a disease in any form, except when the disease arises out of and in the course and scope of employment; or cumulative trauma conditions, hearing loss, carpal tunnel syndrome, or any other repetitive motion conditions unless such conditions arose primarily out of and in the course and scope of employment.
  • Future medical benefits: Parties may agree to close future medical benefits as a part of a settlement agreement. It is no longer necessary to wait three years. The settlement of future medical benefits continues to be prohibited in cases of permanent total disability.
  • Communication with treating physicians: Any information received by the employer from the employee’s treating physician must be given to the employee or his or her attorney no later than 10 days before the date of the physician’s deposition.

Another bill makes it easier for an employer with a drug-free workplace to prove the intoxication or drug use defense to a workers’ comp claim. These and other changes make it absolutely necessary for you to stay up-to-date on the latest workers' comp legislation.

Your Webinar Agenda:

  • Proving a compensable injury under the new law
    - Repetitive motion conditions
    - Occupational diseases
    - Opinion of treating physician
  • Future medical benefits
    - Immediate closure
    - Permanent total disability
  • Communications with treating physicians
    - The Overstreet decision
    - Ex parte communications
  • Intoxication/drug use
    - Proving defense to injury
    - Clear and convincing evidence

 

 

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